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FARM BUREAU MUTUAL INSURANCE CO. v. PROGRESSIVE DIRECT INS., CO.

No. 98,199.

190 P.3d 989 (2008)

FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. PROGRESSIVE DIRECT INSURANCE COMPANY, f/k/a Progressive Halcyon Insurance Company, Appellee.

Court of Appeals of Kansas.

August 22, 2008.

Attorney(s) appearing for the Case

Gerald L. Green and Bradley D. Dillon, of Gilliland & Hayes, P.A., of Hutchinson, for appellant.

Daniel N. Allmayer, of Allmayer & Associates, P.C., of Overland Park, for appellee.

Before BUSER, P.J., MALONE and STANDRIDGE, JJ.

STANDRIDGE, J.

This case involves the timeliness of an insurance subrogation claim. Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the district court's decision to dismiss the case for failure to state a claim on grounds that the statute of limitations on the claim had expired. In dismissing the case, the district court held that Farm Bureau's only potential claim for subrogation was grounded in tort, and Farm Bureau failed to assert its right of...

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